The Free Lawyers Organization has cautioned that proposed amendments to bail provisions in the Anti-Corruption Bill could severely restrict judicial discretion, reverse the presumption of liberty, and exacerbate Sri Lanka's severe prison overcrowding.
The Free Lawyers Organization has raised significant concerns about amendments to Section 149 of the Anti-Corruption Act, arguing that proposed changes to bail provisions threaten fundamental constitutional rights. Under the proposed amendments, all offences under the Act would become cognizable and non-bailable, with bail available only through High Court approval in exceptional circumstances involving bribes of Rs. 100,000 or more, or corruption causing losses or benefits of Rs. 500,000 or more.
The organization contends that these provisions would severely limit the discretion of lower courts, concentrate power with the Director-General during investigations, and effectively reverse the principle that bail should be the norm rather than detention. According to Free Lawyers, this would undermine the presumption of innocence and constitutional protections under Article 13, potentially violating rights to personal liberty and freedom from inhumane treatment.
The warning reflects existing prison conditions that have reached crisis levels. Data obtained by BBC Sinhala shows multiple facilities significantly exceeding capacity: Welikada Prison holds 3,400 inmates against a capacity of 839, Colombo Remand Prison holds 2,782 against 328, and Magazine Prison holds 3,046 against 499. A National Audit Office report identified court backlogs, particularly delays in Government Analyst reports and detention of individuals unable to pay minor fines, as key drivers of overcrowding.
Free Lawyers urged Parliament to withdraw or substantially revise the bail provisions, emphasizing that anti-corruption measures must remain proportionate and rights-compliant. The organization also called on international partners including the UNDP and European Union to examine the human rights implications and assist in addressing administrative failures within the prison system.
